Common use of Attorney Fees Clause in Contracts

Attorney Fees. In the event of any suit or action to enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.

Appears in 313 contracts

Samples: Multi Member Operating Agreement, Multi Member Operating Agreement, Multi Member Operating Agreement

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Attorney Fees. In If any legal action or any arbitration or other proceeding is brought for the event of any suit or action to enforce or interpret any provision enforcement of this Agreement (Agreement, or that is based on this because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of the Agreement), the successful or prevailing party is shall be entitled to recoverrecover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees relief to which it may be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedentitled.

Appears in 33 contracts

Samples: Share Exchange Agreement (GuangZhou Global Telecom, Inc.), Share and Asset Purchase Agreement (Plasticon International, Inc.), Share Exchange Agreement (Evcarco, Inc.)

Attorney Fees. In the event of any suit suit, action or action arbitration to interpret or enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover its attorney fees, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, costs and in any appeals. The determination of who is the prevailing party out-of-pocket expenses at trial and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedon appeal.

Appears in 31 contracts

Samples: Employment Agreement (Flir Systems Inc), Executive Employment Agreement (Flir Systems Inc), Executive Employment Agreement (Flir Systems Inc)

Attorney Fees. In the event of If any suit suit, action, or action to enforce or interpret proceeding is instituted in connection with any provision controversy arising out of this Agreement (or that is based on this Agreement)the enforcement of any right hereunder, the prevailing party is will be entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by such sums as the court or courtsarbitrator may adjudge reasonable as attorney fees, including fees on any appellate courts, in which the matter is tried, heard, or decidedappeal.

Appears in 31 contracts

Samples: Restricted Stock Agreement (Umpqua Holdings Corp), Restricted Stock Award Agreement (Umpqua Holdings Corp), Restricted Stock Award Agreement (Umpqua Holdings Corp)

Attorney Fees. In the event of any suit or If action is brought to enforce or interpret any provision the terms and provisions of this Agreement (agreement, or that is based on this Agreement)to declare forfeiture or termination, or to collect damages for breach, the prevailing party is in such action shall be entitled to recover, in addition to recover from the other costs, party its reasonable attorney fees in connection fees, together with the suit, action, or arbitration, all costs authorized by law (including its reasonable costs and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedon appeal).

Appears in 20 contracts

Samples: Independent Contractor Agreement, Independent Contractor Agreement, Independent Contractor Agreement

Attorney Fees. In the event of any suit action or action proceeding to declare or enforce or interpret any provision the terms of this the Agreement (or that is based on this Agreementincluding the documents and instruments referred to herein), the prevailing party is shall be entitled to recoverrecover its reasonable attorneys’ fees and other costs, in addition to any other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to relief that may be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedgranted.

Appears in 18 contracts

Samples: Purchase and Sale Agreement (Otis Gallery LLC), Purchase and Sale Agreement (Otis Gallery LLC), Purchase and Sale Agreement (Otis Gallery LLC)

Attorney Fees. In the event of If any suit suit, action or action to enforce or interpret proceeding is instituted in connection with any provision controversy arising out of this Agreement (or that is based on this Agreement)the enforcement of any right hereunder, the prevailing party is will be entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by such sums as the court or courtsarbitrator may adjudge reasonable as attorney fees, including fees on any appellate courts, in which the matter is tried, heard, or decidedappeal.

Appears in 15 contracts

Samples: Restricted Stock Unit Agreement (Umpqua Holdings Corp), Restricted Stock Unit Agreement (Umpqua Holdings Corp), Long Term Incentive Restricted Stock Unit Agreement (Umpqua Holdings Corp)

Attorney Fees. In the event of any suit action or action proceeding to declare or enforce or interpret any provision the terms of this Agreement (or that is based on this the Agreement), the prevailing party is shall be entitled to recoverrecover its reasonable attorneys’ fees and other costs, in addition to any other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to relief that may be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedgranted.

Appears in 12 contracts

Samples: Facilities Agreement (Perfect Sting Racing Corp), Facilities Agreement (Ginger Punch Racing Corp), Facilities Agreement (Macho Uno Racing Corp)

Attorney Fees. In the event of any suit action or action proceeding to interpret or enforce or interpret any provision the terms of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recoverparty, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as determined by the court or courtsmediator, including any appellate courts, shall be entitled to recover its reasonable attorney fees and costs incurred in which the matter is tried, heard, connection with such actions or decidedproceeding.

Appears in 11 contracts

Samples: Inter District Services Agreement, Professional Services Agreement, Professional Services Agreement

Attorney Fees. In the event of If any suit or action is filed by either party to enforce or interpret any provision of this Agreement (or that is based on this Agreement)otherwise with respect to the subject matter hereof, the prevailing party is shall be entitled to recoverrecover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court, in addition to other costsand if any appeal is taken from the decision of the trial court, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as fixed by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 10 contracts

Samples: Stock Option Agreement (Avi Biopharma Inc), Employment Agreement (Avi Biopharma Inc), Employment Agreement (Avi Biopharma Inc)

Attorney Fees. In the event of any If suit or action to enforce or interpret is instituted in connection with any provision controversy arising out of this Agreement (or that is based on this Agreement)Lease, the prevailing party is shall be entitled to recover, recover in addition to other costs, costs such sum as the court may adjudge reasonable as attorney fees in connection with the suitat trial, action, or arbitrationon petition for review, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedon appeal.

Appears in 10 contracts

Samples: Commerical Lease (Mendocino Brewing Co Inc), Ground Lease, Western Power & Equipment Corp

Attorney Fees. In the event of any suit party hereto initiates or defends any legal action or proceeding to enforce or interpret any provision of the terms of this Agreement (Agreement, or that is based on this Agreement)to declare forfeiture or termination, the prevailing party is in any such action or proceeding shall be entitled to recover, in addition to other costs, recover from the losing party its reasonable attorney costs and attorney’s fees in connection with the suit, action, or arbitration, (including its reasonable costs and in attorney’s fees on any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedappeal).

Appears in 8 contracts

Samples: Blaine County Public Defender Agreement, Blaine County Public Defender Agreement, Blaine County Public Defender Agreement

Attorney Fees. In the event of If any suit action at law or action in equity is brought to enforce or interpret any provision the terms of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recover, at trial and on appeal, in addition to any other costsrelief that may be granted, reasonable attorney fees in connection amounts of legal, accounting and other professional fees, together with the suit, action, or arbitration, other allowable costs and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedexpenses.

Appears in 8 contracts

Samples: Executive Employment Agreement (N2h2 Inc), Executive Employment Agreement (N2h2 Inc), Executive Employment Agreement (N2h2 Inc)

Attorney Fees. In the event of If any suit or action is filed by any party to enforce this Agreement or interpret any provision otherwise with respect to the subject matter of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court, in addition to other costsand if any appeal is taken from the decision of the trial court, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as fixed by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 8 contracts

Samples: Agreement for Wafer (Advanced Power Technology Inc), Agreement (Advanced Power Technology Inc), Premierwest Bank Continuing Benefits Agreement (Premierwest Bancorp)

Attorney Fees. In the event of If any suit or action is filed by any party to enforce this Agreement or interpret any provision otherwise with respect to the subject matter of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, in addition to other costsif any appeal is taken from the decision of the trial court, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as fixed by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 6 contracts

Samples: Entertainment Identifier Registry Registry Terms of Use, Access Agreement, Terms of Use

Attorney Fees. In the event of any suit or action to enforce or interpret this Agreement or any provision of this Agreement (or that is based on this Agreement)thereof, the prevailing party is shall be entitled to recoverrecover its costs, expenses and reasonable attorneys’ fees, both at trial and on appeal, in addition to all other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided sums allowed by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedlaw.

Appears in 5 contracts

Samples: Home Entertainment License Agreement, Digital Home Entertainment License Agreement, Home Entertainment License Agreement

Attorney Fees. In the event of an action or suit is brought by any suit or action Party under this Agreement to enforce any of its terms, or interpret in any provision of this Agreement (or appeal therefrom, it is agreed that is based on this Agreement), the prevailing party is Party shall be entitled to recover, in addition to other recover it legal costs, including reasonable attorney fees in connection with the suitattorneys’ fees, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided fixed by the trial court or courts, including any and/or appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 4 contracts

Samples: Master Service Agreement, Master Services Agreement, Master Services Agreement

Attorney Fees. In the event of any suit or action to enforce or interpret any provision of this Agreement (or that is based on otherwise arising out of this Agreement), the prevailing party is entitled to recover, in addition to other direct incremental costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.

Appears in 4 contracts

Samples: Loan Agreement (Creative Medical Technology Holdings, Inc.), Loan Agreement (Creative Medical Technology Holdings, Inc.), Patent Purchase Agreement (Creative Medical Technology Holdings, Inc.)

Attorney Fees. In the event of any suit or action it becomes necessary to enforce or interpret any provision the terms of this Agreement (by litigation or that is based on this Agreement)otherwise, the prevailing party is Party shall be entitled to recover, in addition to other costs, recover its reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courtscosts, including any appellate courts, in which the matter is tried, heard, such fees or decidedcosts arising from subsequent appeals and efforts to execute on any judgment.

Appears in 4 contracts

Samples: Aircraft Purchase Agreement (Sprouts Farmers Market, Inc.), Aircraft Purchase Agreement (PLBY Group, Inc.), Aircraft Purchase and Sale Agreement

Attorney Fees. In the event of If any suit suit, action or action arbitration proceeding is filed by any party to enforce this Agreement or interpret any provision otherwise with respect to the subject matter of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit, in addition to other costsaction or arbitration proceeding as fixed by the trial court, or the arbitrator(s) and if any appeal is taken from the decision of the trial court or the arbitrator(s), reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as fixed by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 3 contracts

Samples: Put Through Agreement (CHS Inc), Limited Liability Company Agreement (CHS Inc), Partnership Agreement (Cenex Harvest States Cooperatives)

Attorney Fees. In the event of any suit action or action proceeding to interpret or enforce or interpret any provision the terms of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recoverparty, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as determined by the court or courtsarbitrator, including any appellate courts, shall be entitled to recover its reasonable attorneys’ fees and costs incurred in which the matter is tried, heard, connection with such actions or decidedproceeding.

Appears in 3 contracts

Samples: Program Agreement, Written Agreement, Program Agreement

Attorney Fees. In the event If any proceeding is brought for enforcement of any suit this Agreement or action to enforce or interpret because of an alleged dispute, breach, default, in connection with any provision of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recover, in addition to other costsrelief to which it may be entitled, reasonable attorney fees and other costs incurred in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedtherewith.

Appears in 3 contracts

Samples: Equipment Management Services Agreement (Textainer Group Holdings LTD), Management Agreement, Management Agreement (BRL Universal Equipment Corp)

Attorney Fees. In the event of any suit action or action proceeding is brought by any party, against any other party, to enforce or interpret any provision the provisions of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recover, in addition to other costs, recover its costs and reasonable attorney fees in connection fees, whether such sums are expended with the or without suit, action, at trial or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedon appeal.

Appears in 3 contracts

Samples: Employment Agreement (Pacific Webworks Inc), Employment Agreement (Whole Living Inc), Employment Agreement (Micropoint Inc)

Attorney Fees. In the event of any suit or action litigation to enforce or interpret declare any provision of the provisions of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recover, in addition to other costs, shall recover and the losing party shall pay the reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is incurred by the prevailing party at the trial or arbitration and the amount of reasonable attorney fees to be paid to the prevailing party will be decided upon any appeals therefrom, as determined by the court respective courts or courts, including any appellate courts, in which the matter is tried, heard, or decidedarbitrators.

Appears in 3 contracts

Samples: Office Lease Agreement (CarePayment Technologies, Inc.), Contribution Agreement (CarePayment Technologies, Inc.), Microhelix Inc

Attorney Fees. In the event of If any suit arbitration, suit, or action is instituted to interpret or enforce or interpret any provision the provisions of this Agreement (or that is based on Agreement, to rescind this Agreement), or otherwise with respect to the subject matter of this Agreement, the party prevailing party is on an issue shall be entitled to recoverrecover with respect to such issue, in addition to other costs, reasonable attorney fees incurred in connection with the preparation or in prosecution or defense of such arbitration, suit, action, or arbitrationaction as determined by the arbitrator or trial court, and in if any appeals. The determination of who appeal is the prevailing party and the amount of taken from such decision, reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedas determined on appeal.

Appears in 3 contracts

Samples: Agreement of Purchase and Sale (Jetblack Corp), Jetblack Corp, Loan Agreement (Alanco Technologies Inc)

Attorney Fees. In the event of any suit or action to enforce or interpret any provision arising out of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recover, in addition to other costsits cost and expense, its reasonable attorney fees in connection with the suitfees, actionwhether incurred before trial, at trial, on appeal, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court bankruptcy or courts, including any appellate courts, in which the matter is tried, heard, or decidedarbitration proceeding.

Appears in 3 contracts

Samples: Dealer Agreement, Dealer Agreement, Dealer Agreement

Attorney Fees. In the event of If any suit or action is instituted to interpret or enforce or interpret any provision the provisions of this Agreement (or that is based on Agreement, to rescind this Agreement), or otherwise with respect to the subject matter of this Agreement, the party prevailing party is on an issue will be entitled to recoverrecover with respect to such issue, in addition to other costs, reasonable attorney fees incurred in connection with the preparation, prosecution, or defense of such arbitration, suit, actionor action as determined by the arbitrator or trial court and, or arbitrationif any appeal is taken from such decision, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedas determined on appeal.

Appears in 2 contracts

Samples: Executive Employment Agreement (LTX-Credence Corp), Executive Employment Agreement (LTX-Credence Corp)

Attorney Fees. In the event of any suit or action to enforce or interpret relating to any provision of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recover, in addition to other costs, reasonable attorney fees recover its costs and expenses in connection with the suit, action, such suit or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courtsappeal thereof, including without limitation, its attorney fees. Whenever provision is made in this Agreement the payment of attorneys fees, such fees shall be payable whether the legal services are rendered by salaried employee of the party or by independent counsel and shall include such fees as are incurred in connection with any appellate courtspretrial proceeding, in which trial or appeal of the matter is tried, heard, or decidedaction.

Appears in 2 contracts

Samples: Mortgage Purchase Master Agreement, Mortgage Purchase Master Agreement

Attorney Fees. In If any legal action or other proceeding, including arbitration, is brought for the event of any suit or action to enforce or interpret any provision enforcement of this Agreement (Agreement, or that is based on because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement), the prevailing party is shall be entitled to recoverrecover reasonable attorney fees, court costs and all expenses even if not taxable as court costs, incurred in that action or proceeding, in addition to any other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing relief to which such party and the amount of reasonable attorney fees to may be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedentitled.

Appears in 2 contracts

Samples: Executive Employment Agreement (Host America Corp), Executive Employment Agreement (Host America Corp)

Attorney Fees. In the event of any suit or action to enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount number of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement

Attorney Fees. In the event of any suit litigation or action to enforce or interpret any provision of arbitration concerning this Agreement (or that is based on this Agreement)agreement, the prevailing party is shall be entitled to recover, in addition to other costs, recover from the losing party reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courtsarbitration costs, including at trial, on appeal and on any appellate courts, in which the matter is tried, heard, petition or decidedreview.

Appears in 2 contracts

Samples: Sunrise Village Association Lodge Facility Policy and Use Agreement, Village Association

Attorney Fees. In the event of If any suit arbitration, suit, or action is instituted to interpret or enforce or interpret any provision the provisions of this Agreement (or that is based on Agreement, to rescind this Agreement), or otherwise with respect to the subject matter of this Agreement, the party prevailing party is on an issue will be entitled to recoverrecover with respect to such issue, in addition to other costs, reasonable attorney fees incurred in connection with the preparation, prosecution, or defense of such arbitration, suit, actionor action as determined by the arbitrator or trial court, or arbitrationand, and in if any appeals. The determination of who appeal is the prevailing party and the amount of taken from such decision, reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedas determined on appeal.

Appears in 2 contracts

Samples: Marketing and Distribution Definitive License Agreement (Tristar Wellness Solutions, Inc.), Housing Loan Agreement

Attorney Fees. In the event of any suit action, suit, or action to enforce proceeding arising from or interpret any provision of based upon this Agreement (or that is based on this Agreement)agreement brought by either party hereto against the other, the prevailing party is shall be entitled to recover, recover from the other its reasonable attorneys' fees in connection therewith in addition to other coststhe costs of such action, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedproceeding.

Appears in 2 contracts

Samples: Registration Agreement, Software License Agreement (Natural Alternatives International Inc)

Attorney Fees. In the event of If any suit arbitration, suit, or action is instituted to interpret or enforce or interpret any provision the provisions of this Agreement (Agreement, or that is based on otherwise with respect to the subject matter of this Agreement), the party prevailing party is on an issue will be entitled to recoverrecover with respect to such issue, in addition to other costs, reasonable attorney fees incurred in connection with the preparation, prosecution, or defense of such arbitration, suit, action, or arbitrationaction as determined by the arbitrator or trial court, and in if any appeals. The determination of who appeal is the prevailing party and the amount of taken from such decision, reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedas determined on appeal.

Appears in 2 contracts

Samples: Consultant Agreement (Ascent Solar Technologies, Inc.), Separation Agreement and General Release (Ascent Solar Technologies, Inc.)

Attorney Fees. In the event of If any suit suit, action, arbitration or action proceeding is instituted to enforce or interpret any provision of the provisions of this Agreement (or that is based on this Agreement), the prevailing party is will be entitled to recover, in addition to other costscosts and disbursements, its reasonable attorney attorneys fees in connection with the suit, action, or arbitration, and in as determined by any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courtsarbitrator in which such action or proceeding is tried, heard or decided, including any appellate courts, in which the matter is tried, heard, or decidedappeal.

Appears in 2 contracts

Samples: 3hm5en24txyp2e4cxyxaklbs-wpengine.netdna-ssl.com, 3hm5en24txyp2e4cxyxaklbs-wpengine.netdna-ssl.com

Attorney Fees. In the event of any suit or action to enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the If suit, action, or arbitrationarbitration is brought either directly or indirectly to enforce the terms of this agreement, and in any appeals. The determination of who is the prevailing party shall recover, and the amount of losing party hereby agrees to pay, reasonable attorney attorney’s fees to be paid to incurred in such proceeding, in the prevailing party will be decided by the court or courts, including any trial and appellate courts, in which the matter is tried, heard, or decidedas well as costs and disbursements as ordered by a court of competent jurisdiction.

Appears in 2 contracts

Samples: Personal Services Contract, Personal Services Contract

Attorney Fees. In the event of If any suit arbitration, action, or action other proceeding (“Proceeding”) is brought to enforce or interpret any provision the provisions of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover all costs and expenses incurred in such Proceeding or on appeal, in addition to other costs, including reasonable attorney fees as fixed by the arbitrator or court, and including a reasonable amount for costs and attorney fees to be incurred in connection with collecting any money judgment or award or otherwise enforcing each order, judgment, or decree entered in the suitclaim for relief, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedother proceeding.

Appears in 1 contract

Samples: Registration Rights Agreement (Quality Systems Inc)

Attorney Fees. In the event of any suit or action to enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the arbitrator, court or courts, including any appellate courts, in which the matter is tried, heard, or decided.

Appears in 1 contract

Samples: Operating Agreement

Attorney Fees. In the event of any suit If an action is instituted to declare or action to enforce or interpret any provision of this Agreement (or that is based on this Agreement)Contract, the prevailing party is shall be entitled to recoverrecover reasonable attorney fees from the losing party in the trial and all appellate courts, in addition to any other recovery and costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.

Appears in 1 contract

Samples: Contract for Professional Services

Attorney Fees. In the event of If any suit or action is filed by any party to enforce this Agreement or interpret any provision otherwise with respect to the subject matter of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, in addition to other costsif any appeal is taken from the decision of the trial court, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as fixed by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedappellatecourt.

Appears in 1 contract

Samples: Entertainment Identifier Registry Registry Terms of Use

Attorney Fees. In the event of If any suit or action is filed by any party to enforce this Agreement or interpret any provision otherwise with respect to the subject matter of this Agreement (or that is based on this Agreementincluding any arbitral award in accordance with paragraph 22), the prevailing party is shall be entitled to recoverrecover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court, in addition to other costsand if any appeal is taken from the decision of the trial court, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as fixed by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 1 contract

Samples: Employment Agreement (Hollywood Entertainment Corp)

Attorney Fees. In the event of any suit If legal proceedings are brought to enforce, interpret or action for damages for failure to enforce or interpret any provision of this Agreement (or that is based on abide by this Agreement), the prevailing party is shall be entitled to recover, in addition to other costs, recover reasonable attorney fees fees, including appellate attorney fees, to be charged as part of the court costs in connection with the suit, action, or arbitrationsuch proceedings, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedlosing party. Section 12.

Appears in 1 contract

Samples: Employment Agreement (West Bancorporation Inc)

Attorney Fees. In the event of any suit or action is brought to enforce or interpret any provision the terms of this Agreement (or that is based on this Agreement), the prevailing party is Party shall be entitled to recoverrecover as part of its cost, in addition to other costs, its reasonable attorney fees and costs incurred in connection with the suit, action, such suit or arbitration, and action in any appeals. The determination trial court of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court competent jurisdiction or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt upon appeal.

Appears in 1 contract

Samples: Use Agreement

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Attorney Fees. In the event of any that suit or action is instituted to enforce or -------------- interpret any provision the terms of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover its attorney fees, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, including those incurred on appeal and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided bankruptcy court proceedings, as determined by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 1 contract

Samples: Master Consulting Agreement (Wickes Inc)

Attorney Fees. In the event of If any suit or action to enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitrationproceeding shall be instituted to enforce or interpret this Agreement, and in any appeals. The determination of who is the prevailing party and shall be entitled to recover from the amount of losing party, in addition to costs, such sums as the court may adjudge reasonable for the prevailing parties' attorney fees to be paid to the prevailing party will be decided by the court in such suit, action, proceeding or courts, including any appellate courts, in which the matter is tried, heard, or decidedappeal thereof.

Appears in 1 contract

Samples: Property Management Agreement (Country Maid Financial Inc)

Attorney Fees. In the event of that any party to this Agreement shall commence any suit or action to interpret or enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees such action shall recover that party’s costs and expenses incurred in connection with the suit, suit or action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable including attorney fees to be paid to the prevailing party will be decided by the court or courtsand costs of appeal, including any appellate courts, in which the matter is tried, heard, or decidedif any.

Appears in 1 contract

Samples: Consulting Agreement (Ignis Petroleum Group, Inc.)

Attorney Fees. In the event of any suit litigation concerning any controversy, claim, or action dispute between the parties to enforce or interpret any provision of this Agreement (which arises out of or that is based on relates to this Agreement)Agreement or the breach or interpretation hereof, the prevailing party is shall be entitled to recoverrecover from the losing party reasonable expenses, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitrationattorneys’ fees, and costs incurred in the litigation or in the enforcement or collection of any appealsjudgment or award rendered therein. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.term “

Appears in 1 contract

Samples: Employment Agreement (Elandia, Inc.)

Attorney Fees. In the event of that any party to this Agreement shall commence any suit or action to interpret or enforce or interpret any provision of this Agreement (or that is based on this Agreement)agreement, the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees such action shall recover that party’s costs and expenses incurred in connection with the suit, suit or action, or arbitrationincluding attorneys’ fees and costs of appeal, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedif any.

Appears in 1 contract

Samples: Referral Services Agreement (Whitney Information Network Inc)

Attorney Fees. In connection with any litigation or court proceeding arising out of the event of any suit or action to enforce or interpret any provision enforcement of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover from the other, in addition all cost incurred, including reasonable attorneys fees incurred for services rendered before suit is brought, prior to other coststrial, reasonable attorney fees in connection with the suit, actionat trial, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heardappeal, or decidedin federal bankruptcy proceedings.

Appears in 1 contract

Samples: Correspondent Origination and Sales Agreement (Westmark Group Holdings Inc)

Attorney Fees. In the event of If any suit or action is filed by any party to enforce this Agreement or interpret any provision otherwise with respect to the subject matter of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, in addition to other costsif any appeal is taken from the decision of the trial court, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as fixed by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 1 contract

Samples: www.zelig.com

Attorney Fees. In the event of any suit arbitration, litigation or action proceeding of any kind, between the parties to declare or enforce or interpret any provision of this Supplemental Agreement (or that is based on this the Agreement), the prevailing party is or parties shall be entitled to recoverrecover from the losing party or parties, in addition to any other recovery and costs, reasonable attorney fees incurred in connection with such litigation, in both the suit, action, or arbitration, trial and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any all appellate courts, in which the matter is tried, heard, or decided.

Appears in 1 contract

Samples: Bridge Loan and Consulting Agreement (Legacy Brands Inc)

Attorney Fees. In the event of any suit dispute or action to enforce or interpret any provision of this Agreement (or that is based on breach under this Agreement), the prevailing party shall be entitled, whether or not any action or arbitration is entitled instituted, to recover, in addition to recover from the other party its reasonable costs, reasonable disbursements and attorney fees fees, including without limitation at trial, on appeal, on denial of any petition for review, and in connection with the suit, action, or arbitration, and in enforcement of any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedjudgment.

Appears in 1 contract

Samples: Consulting Agreement (Ascent Solar Technologies, Inc.)

Attorney Fees. In the event of any suit legal action or action proceeding, including ------------- an arbitration, is commenced to enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recover, in addition to other recover its attorney's fees and costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Image Entertainment Inc)

Attorney Fees. In the event of any that suit or action is instituted by any party to this Agreement to enforce or interpret any provision the terms of this Agreement (or agreement, it is understood that is based on this Agreement), the prevailing party is in such suit or action shall be entitled to recover, in addition to other coststhe relief provided by the court, such further sums as the trial or appellate court may award as reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courtsfees, including any appellate courts, in which fees assessed as the matter is tried, heard, or decidedreasonable estimated costs to enforce collection of any judgment entered.

Appears in 1 contract

Samples: Lease Agreement (Monterey Pasta Co)

Attorney Fees. In the event of any suit action or action proceeding to enforce or interpret any provision the terms of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover its reasonable attorney fees, in addition to other costscosts and disbursements, reasonable attorney fees in connection with the suit, action, or at arbitration, trial, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedon appeal.

Appears in 1 contract

Samples: Agreement for Use

Attorney Fees. In the event of any suit or action brought to enforce or interpret any provision of this Agreement (or that is based on this Agreement), or to seek damages for breach thereof, the prevailing party is shall be entitled to recover, recover a reasonable attorney's fee (including a reasonable attorney's fee on any appeal thereof) and reasonable costs of litigation in addition to any other costs, reasonable attorney fees in connection with the suit, action, award or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided decree granted or given by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 1 contract

Samples: Stock Purchase Agreement (Growtex Inc)

Attorney Fees. In the event of any If suit or action is instituted to enforce or interpret any provision of the terms of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover from the other party, in addition to other costs, such sums as the court may adjudge reasonable attorney for legal fees in connection with the suit, action, or arbitration, at trial and in any appealsappellate or bankruptcy proceeding. The determination Location agrees to pay all costs of who is the prevailing party and the amount of reasonable attorney fees collection for sums due to be paid to the prevailing party will be decided by the court or courtsOwner under this Agreement, including any appellate courtsattorney fees, in which the matter whether or not suit or action is tried, heard, or decidedcommenced.

Appears in 1 contract

Samples: Location Agreement

Attorney Fees. In the event of any suit or action to enforce or interpret any provision of this Agreement agreement (or that is based on this Agreementagreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, action or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decided.

Appears in 1 contract

Samples: Operating Agreement

Attorney Fees. In the event of If any suit arbitration, suit, or action is instituted to interpret or enforce or interpret any provision the provisions of this Agreement (or that is based on Agreement, to rescind this Agreement), or otherwise with respect to the subject matter of this Agreement, the Party prevailing party is on an issue will be entitled to recoverrecover with respect to such issue, in addition to other costs, reasonable attorney fees incurred in connection with the preparation, prosecution, or defense of such arbitration, suit, action, or arbitrationaction as determined by the arbitrator or trial court, and in if any appeals. The determination of who appeal is the prevailing party and the amount of taken from such decision, reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedas determined on appeal.

Appears in 1 contract

Samples: Customer Protection Agreement

Attorney Fees. In the event of If any suit arbitrations, suit, or action is instituted to interpret or enforce or interpret any provision the provisions of this Agreement (or that is based on Agreement, to rescind this Agreement), or otherwise with respect to the subject matter of this Agreement, the party prevailing party is on an issue shall be entitled to recoverrecover with respect to such issue, in addition to other costs, reasonable attorney fees incurred in connection with the preparation or in prosecution or defense of such arbitration, suit, action, or arbitrationaction as determined by the arbitrator or trial xxxx, and in if any appeals. The determination of who appeal is the prevailing party and the amount of taken from such decision, reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedas determined on appeal.

Appears in 1 contract

Samples: Asset Purchase Agreement (Golden West Brewing Company, Inc.)

Attorney Fees. In the event of If any suit or action is filed by any party to enforce this Agreement or interpret any provision otherwise with respect to the subject matter of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, in addition to other costsif an appeal is taken from the decision of the trial court, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided as fixed by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedcourt.

Appears in 1 contract

Samples: Entertainment Identifier Registry Terms

Attorney Fees. In the event of any suit suit, action or action arbitration to ------------- interpret or enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover its attorney fees, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, costs and in any appeals. The determination of who is the prevailing party out-of-pocket expenses at trial and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedon appeal.

Appears in 1 contract

Samples: Control Agreement (Flir Systems Inc)

Attorney Fees. In the event of If any suit arbitration, suit, or action is instituted to interpret or enforce or interpret any provision the provisions of this Agreement (or that is based on Agreement, to rescind this Agreement), or otherwise with respect to the subject matter of this Agreement, the prevailing party is will be entitled to recover, in addition to other costs, reasonable attorney fees incurred in connection with the preparation, prosecution, or defense of such arbitration, suit, action, or arbitrationaction as determined by the arbitrator or trial court, and in if any appeals. The determination of who appeal is the prevailing party and the amount of taken from such decision, reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedas determined on appeal.

Appears in 1 contract

Samples: Account Agreement

Attorney Fees. In the event of any suit suit, arbitration or action to enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the arbitrator, the court or courts, including any appellate courts, as the case may be, in which the matter is tried, heard, arbitrated or decided.

Appears in 1 contract

Samples: insightexecutive.co.uk

Attorney Fees. In the event of any suit or action to enforce or interpret this Agreement or any provision of this Agreement (or that is based on this Agreement)thereof, the prevailing party is party, as evidenced by the entry of a final, non-appealable order by a court of competent jurisdiction, shall be entitled to recoverrecover its costs, expenses and reasonable attorney fees, in addition to all other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided sums allowed by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedlaw.

Appears in 1 contract

Samples: Interactive Service Agreement (Zone 4 Play Inc)

Attorney Fees. In the event of If any suit proceeding, suit, action, or action claim is instituted to enforce or interpret any provision of the terms or conditions of this Agreement (or that is based on this Agreement), the prevailing party is entitled to recovershall recover from the party not prevailing, in addition to any other rights and remedies it may have, such sums as any arbitration panel or court finds reasonable as attorney fees and costs in arbitration, at trial, or on appeal. In the event of a settlement of a dispute concerning any of the terms or conditions of this Agreement, the parties shall pay attorney fees, costs, reasonable attorney fees and disbursements in connection accordance with the suit, action, or arbitration, and in any appeals. The determination provisions of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedsettlement agreement.

Appears in 1 contract

Samples: Services Agreement

Attorney Fees. In If any suit, action or proceeding is instituted in connection with any controversy arising out of this Restricted Stock Agreement or the event enforcement of any suit or action to enforce or interpret any provision of this Agreement (or that is based on this Agreement)right hereunder, the prevailing party is will be entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party will be decided by such sums as the court or courtsarbitrator may adjudge reasonable as attorney fees, including fees on any appellate courts, in which the matter is tried, heard, or decidedappeal.

Appears in 1 contract

Samples: Restricted Stock Agreement (Cowlitz Bancorporation)

Attorney Fees. In the event of any If suit or action is instituted to enforce or interpret any provision of the terms of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover from the other party, in addition to other costs, such sums as the court may adjudge reasonable attorney for legal fees in connection with at the suit, action, or arbitration, trial and in any appealsappellate or bankruptcy proceeding. The determination Location agrees to pay all costs of who is the prevailing party and the amount of reasonable attorney fees collection for sums due to be paid to the prevailing party will be decided by the court or courtsCompany under this Agreement, including any appellate courtsattorney fees, in which the matter whether or not suit or action is tried, heard, or decidedcommenced.

Appears in 1 contract

Samples: Site Location Agreement

Attorney Fees. In the event of any If suit or action is instituted to enforce or interpret any provision of the terms of this Agreement (or that is based on this Agreement), the prevailing party is shall be entitled to recoverrecover from the other party, in addition to other costs, such sums as the court may adjudge reasonable attorney for legal fees in connection with the suit, action, or arbitration, at trial and in any appealsappellate or bankruptcy proceeding. The determination Location agrees to pay all costs of who is the prevailing party and the amount of reasonable attorney fees to be paid collection for sums due to the prevailing party will be decided by the court or courtsOwner under this Agreement, including any appellate courtsattorney fees, in which the matter whether or not a suit or action is tried, heard, or decidedcommenced.

Appears in 1 contract

Samples: Installation Agreement

Attorney Fees. In the event of any suit action or action proceeding is brought to interpret or enforce or interpret any provision of this Agreement (or that is based on this Agreement), the prevailing party is Party in such action or proceeding shall be entitled to recoverrecover attorney’s fees (including costs and expenses), in addition to any other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorney fees relief to which it may be paid to the prevailing party will be decided by the court or courts, including any appellate courts, in which the matter is tried, heard, or decidedentitled.

Appears in 1 contract

Samples: Remediation Agreement

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